New Lebanon Justice Race Decided By One Vote

by Thaddeus Flint
The New Lebanon election for Town Justice has finally been decided. According to the Democratic Commissioner of the Columbia County Board of Elections, Virginia Martin, Republican Jack Nevers has won the race with 368 votes to 367 votes for the incumbent Darcy Poppey who ran on the Democratic, Conservative and Independence lines.
The polls on election night had shown Poppey as the initial winner by two votes, with 350 votes to Nevers’ 348. One vote from the machine for Nevers was then found to be invalid. In a second recount from the machine the same vote was again deemed invalid. This put Poppey in the lead by three votes. This count is however disputed by Poppey who said, “This ballot was not even there during the machine count. My representative Paul Kisselbrack was present for the count and that vote did not exist.” Martin, however, maintains that the ballot was there. “It was always there,” she said, though for her it was always an invalid ballot and should not have counted.
Invalid Becomes Valid
The absentee ballots were then counted. There were 17 absentee ballots cast for Poppey and 20 for Nevers. A tie now existed with 367 votes each. The ballot marked invalid twice suddenly became much more important.
“Now the Republican Commissioner is thinking this ballot is valid. This ballot did not exist during formal recount per Kisselbrack and, even if it did, the Commissioners both voided it twice,” said Poppey.
Poppey is also questioning the ability of the Board of Elections to properly keep track of ballots. “While at their offices to personally view the absentee ballots, we noticed a whole stack [of ballots] was missing from the secure bag,” said Poppey. “After scurrying, one of the assistants came down with the missing stack. This is clearly a violation. They are to be secured and handled by both party members.”
In the end it all came down to the one ballot which had been recorded as invalid. Martin still felt it was invalid. However, the Republican Commissioner at the Board of Elections, Jason Naskte, now felt it was valid. In the case of a split decision, according to Martin, the ballot is then marked as valid. This is what happened, and Nevers is now the winner.
Nevers, contacted on December 7, said he had never seen the ballot in question. “As far as I’m concerned, it’s over,” said Nevers, “and I’m glad it’s over.”
For Poppey though, the election is far from over. “I am also most likely going to challenge the 50 votes that were not with the rest of the ballots in the secure bag. That is a huge error, and it is my understanding all of those ballots must go,” she said. Poppey has also indicated she may be filing a formal complaint with the State Attorney General “regarding the major issues with the chain of custody.”